UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith (Va. Code § 38.2-2206.1)
9. Damages
10. Prayer for Relief
11. Verification

Caption

IN THE CIRCUIT COURT OF [COUNTY/CITY NAME], VIRGINIA

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY/COUNTY], Virginia, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the Commonwealth of Virginia, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Va. Code Ann. § 8.01-328 et seq.

5. Venue is proper in [COUNTY/CITY] pursuant to Va. Code Ann. § 8.01-262 because [☐ the accident occurred in this jurisdiction / ☐ Plaintiff resides in this jurisdiction / ☐ Defendant transacts business in this jurisdiction].

General Allegations

6. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY/COUNTY], Virginia.

7. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

8. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Other: [________________________________]

9. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

10. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

11. The Policy was [☐ issued / ☐ renewed] on or after [☐ July 1, 2023 / ☐ July 1, 2024 / ☐ before July 1, 2023].

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff did not execute a valid written rejection of UM/UIM coverage as permitted by Va. Code Ann. § 38.2-2206.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

16. The at-fault motorist was uninsured at the time of the accident within the meaning of Va. Code Ann. § 38.2-2206, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer has denied coverage / ☐ the at-fault motorist's insurer is insolvent].

☐ Underinsured Motorist (UIM) Claim:

17. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], and the total damages sustained by Plaintiff exceed the total amount of liability coverage available for payment, thereby qualifying the at-fault motorist as "underinsured" under Va. Code Ann. § 38.2-2206.

18. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

19. For policies issued or renewed on or after July 1, 2023: Defendant Insurer may NOT reduce UIM benefits by the amount of the tortfeasor's liability coverage. Plaintiff is entitled to recover the full UIM limits in addition to the liability recovery (Va. Code § 38.2-2206.K).

20. Defendant Insurer was given written notice and the opportunity to consent to or advance the tortfeasor's policy limits before settlement.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

21. Plaintiff incorporates by reference all preceding paragraphs.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith (Va. Code Ann. § 38.2-2206.1)

26. Plaintiff incorporates by reference all preceding paragraphs.

27. The Policy was issued or renewed on or after July 1, 2024, and is subject to Va. Code Ann. § 38.2-2206.1.

28. Defendant Insurer dealt with Plaintiff in bad faith in handling the UM/UIM claim by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without basis
☐ Failing to attempt in good faith to effectuate a prompt and fair settlement
☐ Compelling Plaintiff to initiate litigation to recover amounts due
☐ Misrepresenting pertinent facts or policy provisions
☐ Other: [________________________________]

29. Pursuant to Va. Code Ann. § 38.2-2206.1, the Court is authorized to award:

a. Double the amount of the judgment against the uninsured/underinsured motorist, up to $500,000; and
b. Reasonable attorney's fees.

Damages

30. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Bad faith damages — double the judgment up to $500,000 (§ 38.2-2206.1)
☐ Attorney's fees (bad faith claim only)
☐ Prejudgment interest
☐ Costs of suit

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy, without offset for amounts recovered from the tortfeasor's liability coverage (for policies issued/renewed after 7/1/2023);
3. For bad faith damages pursuant to Va. Code Ann. § 38.2-2206.1 in an amount double the judgment, up to $500,000;
4. For reasonable attorney's fees pursuant to Va. Code Ann. § 38.2-2206.1;
5. For prejudgment interest as permitted by law;
6. For costs of suit incurred herein; and
7. For such other and further relief as this Court deems just and proper.

Verification

I, [PLAINTIFF FULL NAME], declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], VSB No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Virginia [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Virginia

Sources and References

• Va. Code § 38.2-2206 — Virginia LIS
• Virginia 2023 UM/UIM Amendments — Jordan Coyne LLP
• Virginia 2023 UM/UIM Law — Blaszkow Legal
• Virginia UM/UIM Bad Faith 2024 — NOVA Injury Lawyers
• Virginia UM/UIM Overview — Marks & Harrison